Ninth Circuit Creates Bright-Line Rule in ERISA Disability Cases: the Inability to Sit for More Than Four Hours Precludes Work in a Sedentary Occupation

Posted in: Disability Insurance, Disability Insurance News, ERISA, Insurance Litigation Blog November 17, 2016

It is very common for an insurance company to deny a claim for long-term disability insurance governed by ERISA after concluding that a claimant can perform the duties of a sedentary occupation.  The U.S. Department of Labor’s Dictionary of Occupational …

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Insurers Cannot Ignore Actual Job Requirements or Worsening Symptoms That Occur After a Claim for Disability Insurance Benefits is Filed

Posted in: Disability Insurance, Disability Insurance News, Insurance Litigation Blog October 18, 2016

There are many tactics that insurance companies use to downplay, or even ignore, the severity of an insured’s illness or injury in an attempt to deny a claim for long-term disability insurance benefits.  For example, insurance companies will often attempt …

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Federal Court Criticizes Long-Term Disability Insurer for “Paper Reviews” and Dismissing SSA Award

Posted in: Case Updates, Disability Insurance, Disability Insurance News, ERISA, Insurance Litigation Blog October 07, 2016

Were you denied benefits by your group long-term disability insurer without the insurance company’s doctor examining you in-person?  Did your insurer deny your claim even though the Social Security Administration concluded you are disabled?  If so, the McKennon Law Group …

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Ninth Circuit Affirms Rule that Ambiguous Policy Terms Must Be Construed Against Insurer in ERISA Disability Insurance Cases

Posted in: Case Updates, Disability Insurance, ERISA, Insurance Litigation Blog, Policy Interpretation July 06, 2016

The “reasonable expectations of the insured” doctrine has been around for decades in California.  The state Supreme Court started toying with rules that became its foundation after the turn of the century.  See Pac. Heating & Ventilating Co. v. Williamsburgh

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Mistreated by Your Insurer? Insurers May Not Be Able to Hide Behind ERISA Preemption to Defeat Claims for Intentional Infliction of Emotional Distress

Posted in: Breach of Contract, Disability Insurance, Disability Insurance News, ERISA, Health Insurance, Insurance Litigation Blog, Life Insurance, News, Preemption November 30, 2015

Insureds obligingly pay premiums on their life, health and disability insurance policies and dutifully provide updated information upon request by their insurers, but often do not enjoy the same courtesy when they file an insurance claim.  In extreme cases, antagonistic …

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ERISA Will Not Pre-Empt State Law Claims Under an Individual Conversion Policy

Posted in: Bad Faith, Breach of Contract, Disability Insurance, Disability Insurance News, ERISA, Insurance Litigation Blog September 03, 2015

In an important victory for claimants, a United States District Court recently determined that a plaintiff who obtained an individual disability insurance policy through a conversion provision in an ERISA plan can pursue remedies in a state court under the …

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ERISA Insurers’ Conclusory Medical Opinions Regarding Disability Status Will Not Carry the Day

Posted in: Case Updates, De Novo Review, Disability Insurance, Disability Insurance News, ERISA, Insurance Litigation Blog August 20, 2015

An individual suffering from a disabling condition undoubtedly has many concerns. In addition to dealing with physical pain and emotional distress, there is always the thought of how to pay for medical bills and living expenses if the disability prevents …

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